Ex Parte Sean Flythe

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-08-182 CR

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EX PARTE SEAN FLYTHE

On Appeal from the Criminal District Court

Jefferson County, Texas

Trial Cause No. 2248 (08-02921)

MEMORANDUM OPINION

On March 26, 2008, the trial court denied Sean Flythe's application for writ of habeas corpus without conducting an evidentiary hearing or issuing the writ of habeas corpus. We questioned our jurisdiction over the appeal. Flythe did not respond.

No appeal lies from the refusal to issue a writ of habeas corpus unless the trial court rules on the merits of the application. Ex parte Hargett, 819 S.W.2d 866 (Tex. Crim. App. 1991); Ex parte Noe, 646 S.W.2d 230 (Tex. Crim. App. 1983). In this case, the trial court

did not address the merits of Flythe's application. The trial court did not issue a writ of habeas corpus, nor did the court conduct an evidentiary hearing on the application for the writ. Compare Ex parte Silva, 968 S.W.2d 367 (Tex. Crim. App. 1998); Ex parte McCullough, 966 S.W.2d 529 (Tex. Crim. App. 1998). We hold we have no jurisdiction over this appeal. Accordingly, we dismiss the appeal for want of jurisdiction.

APPEAL DISMISSED.

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STEVE McKEITHEN

Chief Justice

Opinion Delivered June 25, 2008

Do Not Publish

Before McKeithen, C.J., Gaultney and Kreger, JJ.